Fighting For You After An Accident

Can families seek exemplary damages in wrongful death suits?

On Behalf of | Jan 27, 2025 | Wrongful Death

Wrongful death lawsuits are sometimes the only form of justice available to grieving families. In scenarios where the state declines to prosecute the party at fault for a tragedy, litigation can hold them accountable. A successful wrongful death lawsuit results in the courts affirming that a business or individual was to blame for someone’s premature death. The lawsuit also creates consequences by imposing financial obligations on the responsible party.

Families often try to maximize the compensation sought during a wrongful death lawsuit as a means of creating the most consequences possible. Can families request punitive or exemplary damages in a wrongful death lawsuit?

Special cases can lead to more damages

Typically, the main focus in wrongful death lawsuits is the recovery of economic and non-economic losses directly related to the tragedy. However, the courts can sometimes award exemplary or punitive damages.

Those damages serve as a punishment rather than a means of offsetting the economic impact of someone’s death. Typically, the plaintiff needs clear and convincing evidence of specific circumstances. They need proof that the other party engaged in fraud, acted with malice, engaged in willful misconduct or displayed gross negligence.

In scenarios involving egregiously negligent behavior or other unusual circumstances, the plaintiffs in a wrongful death lawsuit can ask the courts to consider awarding them exemplary damages in addition to economic and non-economic damages. While the burden of proof is higher, the increased consequences for the responsible party can provide vindication for the plaintiffs.

Learning about the laws that regulate wrongful death lawsuits can be beneficial for grieving families. In particularly tragic cases, requesting exemplary damages may be an option.